Expert support in disputes over claims to land and property
Sometimes a relative can leave a Will that doesn’t tally with what you think is fair. Perhaps you contributed towards a property but you’re not receiving a share of it. Perhaps someone is holding property which you do not think should belong to them. Or you may have been promised land or property but nothing about this appears in the Will. Whatever your situation, we can advise you on whether you have a claim.
What types of dispute can arise?
- You are a co-owner of a property or have been contributing towards it, but are being told that you own a smaller share of the property than you think is fair.
You may have made contributions towards buying a house, but it was registered in someone else’s name. Alternatively, you may have been living with someone and contributing to the mortgage, general household expenditure or improvements. Even though you are not the “legal owner” of the property, you may feel that it is unfair for you not to have any ownership rights or a share which reflects your contribution. Alternatively you may own a house jointly with someone but only you have paid towards the mortgage or substantial improvements and you feel it is unfair that your co-owner should benefit from your contributions.We can review your case and advise you whether you may have a claim to a share of the property, to an increased share or to a greater proportion of the proceeds of sale.
- You are a co-owner of a property and you are unsure of your rights after the other co-owner has moved out of the property or has died. Or perhaps one of the beneficiaries of an estate may be occupying the property and refusing to leave.
Difficulties can arise when a relationship breaks down or when a person dies and a co-owner or family member continues to live in the property. Can a sale be forced against the wishes of the co-owner or other beneficiaries? Can you claim rent from the person still living in the property? Can you force them to leave? How much needs to be paid to buy out a person’s share? We can review your case and advise on all of the options.
- Someone is holding property which you do not believe they are entitled to hold.
Just because a person is technically the legal owner of the property does not necessarily mean they are entitled to the benefit of all of it. Situations commonly arise where individuals inherit rights to property despite that not being the intention of the person who has died. These situations could arise with joint bank accounts and with property, where it appears unfair that a joint owner stands to inherit everything. We have successfully helped many clients seek a fair share of property that is being held by others.
- You discover you are not due to receive property or land that was promised to you.
A loved one may have promised you property or land, but after their death you’ve found that it won’t be passed on to you. Don’t worry, you still might be able to do something. The law of “proprietary estoppel” might intervene on your behalf if it is just and fair to do so. If you were told that the property would be yours, you believed the promise and you acted on the promise to your disadvantage, then you may be able to challenge what happens with the property. We can explain the law to you in more detail and guide you through the process.
“Amanda Noyce (Band 4) is head of the inheritance and trusts disputes group at Royds Withy King in Bath. An interviewee describes her as “very approachable and understanding,” adding: “I couldn’t recommend her highly enough. She is very thorough with her investigations and covers all angles.” Chambers 2017 UK-wide
“Royds Withy King ‘achieves good results for its clients time and time again’. Amanda Noyce ‘is unflappable’ in Court of Protection applications involving mental capacity issues, as well as Inheritance Act, tax and professional negligence matters.” Legal 500 2016 South West